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what is first motion and second motion in mutual divorce mean ?


04-Oct-2024 (In Divorce Law)
What is the meaning of first motion in divorce given by the judge in case of mutual divorce.. After couple have decided on final list of amount etc . When Will the FIR and other complaints be removed including dv court case.
Answers (6)

Answer #1
481 votes

In a mutual consent divorce in India, the "first motion" refers to the initial step where both spouses jointly file a petition before the family court, expressing their mutual agreement to divorce and outlining terms such as alimony, child custody, and property division. This is followed by a mandatory six-month cooling-off period, after which the "second motion" is filed, reaffirming their decision. Upon satisfaction that the consent is genuine and voluntary, the court grants the final divorce decree.

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Advocate Chikirsha Mohanty

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Answer #2
903 votes
Sir for your kind information as per judgement of Hon'ble Supreme Court, Settling a contentious issue, a two Judge Bench of Supreme Court comprising Justices AK Goel and UU Lalit held that the 6 months waiting period prescribed under Section 13B(2) of Hindu Marriage Act for divorce by mutual consent is not mandatory, and ... Now you can get divorced in one day by filling mutual divorce petition. And you can draft a MOU for your proceeding.
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Advocate Birendra Kumar

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Answer #3
770 votes
The motion of both the parties made not earlier than six months after the date of the presentation of the petition referred to in sub-section (1) and not later than 18 months after the said date, if the petition is not withdrawn in the meantime, the court shall on being satisfied, after hearing the parties and after making such inquiry as it thinks fit, that a marriage has been solemnized and that the averments in the petition are true, pass a decree of divorce declaring the marriage to be dissolved with effect from the date of decree. And after completing all the procedure of the divorce you have quash the FIR Thank you A. F. Faizi
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Advocate Ahmad Fuad Faizi

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Answer #4
970 votes
Mutual divorce have two stages first motion and second motion During mutual divorce a memorandum have been prepared in which both the parties has settled their issues amicably and the same have been used during the process of divorce
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Advocate Anupam Singh

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Answer #5
752 votes
If you have opted to go for first motion then you must make a compromise deed with your spouse in which you have to clearly mentioned that when will other cases will be withdrawn and when you both have to go for FIR quashing.
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Advocate Lavika Gupta

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Answer #6
789 votes
First motion is join petition filed by the couple when they want to get mutual divorce, and after 6 months they will have to file second motion but now that can be waived as per supreme Court's judgement. Other pending cases will be withdrawn as per the settled terms between you
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Advocate Devashish Maharishi

Adv. Devashish Maharishi

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